Allahabad High Court
ROOPESH KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court ordered that the petitioner shall not be arrested until cognizance is taken on the police report.
Summary
Petitioner Roopesh Kumar filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court, noting the uncertainty about cognizance and the existence of an interim order, directed that the petitioner shall not be arrested until cognizance is formally taken by the concerned court. No further substantive order was made on the merits of the petition. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can issue an interim direction to prevent the arrest of a petitioner pending the taking of cognizance of a charge sheet
- Whether cognizance of the charge sheet has been taken by the trial court
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21889 of 2025
Roopesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Kumar
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list.
2. Learned A.G.A. appearing for State-respondents informs that charge sheet has
already been filed in this case by the investigating officer, but he is not certain
whether cognizance has been taken by the court thereon or not.
3. Since charge sheet has already been submitted, but the correct position regarding
the cognizance thereon is not clear, keeping in view the fact there is interim order
operating in this writ petition, the same is disposed of directing that till the cognizance
is taken on the police report by the court concerned, the petitioner shall not be
arrested.
4. The writ petition stands disposed of.
April 23, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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